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Abandonment: the Act of Leaving, Deserting Or Giving up Control And/ Or Possession of a Shopping Cart on Private Or Public Property

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Abandonment: the Act of Leaving, Deserting Or Giving up Control And/ Or Possession of a Shopping Cart on Private Or Public Property LEGAL NOTICE CITY OF ONEIDA LOCAL LAW NO. 7 OF 2021 The Common Council of the City of Oneida, Madison County, State of New York, pursuant to the authority vested in it by law does hereby ordain and enact Local Law No. 7 of 2021 to create Chapter 3, titled Abandoned Shopping Carts of the City Code as follows: SECTION 1. AUTHORITY. This local law is enacted pursuant to the New York State Constitution and New York Municipal Home Rule Law § 10. SECTION 2. The Oneida City Code is hereby amended to include a new Chapter 3, titled " Abandoned Shopping Carts," which shall read as follows: Chapter 3. Abandoned Shopping Carts Section 3- 1. Findings; legislative intent. The City of Oneida finds that abandoned shopping carts in the City create potential hazards to the health and safety of the public, interfere with pedestrian and vehicular traffic, and create a public nuisance. This Chapter is intended to insure that measures are taken by owners of shopping carts to prevent the removal of shopping carts from the owner' s premises, to make removal of the shopping cart a violation of this Code and to facilitate the retrieval of abandoned shopping carts. Section 3- 2. Definitions. Abandonment: The act of leaving, deserting or giving up control and/ or possession of a shopping cart on private or public property. City: The City of Oneida. Owner: Any person or entity, in connection with the function of a business, who owns, leases, possesses or makes shopping carts available to customers or the public. Parking Area: The parking lot or other property provided by a retail establishment for the use of customers of said retail establishment for the parking of customer vehicles. Person: Includes a natural person of either sex, gender, a corporation, a partnership, association, joint-stock company, society and any other entity capable of being sued in a court of law. Premises: Any building, property or other area upon which any retail establishment where business is conducted or operated in the City of Oneida; including the parking area provided for customers in such retail establishment. Retail Establishment: Any business located in the City of Oneida which offers or provides shopping carts for the use of customers of such business regardless of whether such business is advertised or operated as a retail or wholesale business, and regardless of whether such business is open to the general public, is a private business or is a membership store. Shopping Cart: Any device, hand -drawn or propelled vehicle or wheeled container of the kind customarily provided by merchants to customers for the purpose of carrying merchandise. Section 3- 3. Removal and abandonment of shopping carts. A. It shall be unlawful for any person to remove a shopping cart from the premises of the owner of such shopping cart without the written consent of the owner or their agent, servant or employee given at the time of such removal, except that such a shopping cart may be removed to a parking area of said owner. B. It shall be unlawful for any person to be in possession of a shopping cart that has been removed from the premises or the parking area of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the shopping cart. C. It shall be unlawful for any person to leave or abandon any shopping cart on any sidewalk, right-of-way, street, avenue, road, highway, alley, driveway, bridge, crosswalk, municipal parking area or other property within the City other than the property of the owner of the shopping cart. Section 3- 4. Responsibilities of shopping cart owners within the City. A. Every owner of shopping carts shall make or cause the shopping carts to be marked and identified conspicuously with the name of the owner. B. Every owner of shopping carts shall provide the City with a current contact name, phone number, and email address of their representative that the City may contact when a shopping cart is found on private or public property other than the parking area set aside by the owner of shopping carts for the parking of cars by customers. C. All owners, regardless of the number of carts, shall ensure that all carts are secured from public access after close of business hours. D. Signs shall be placed prominently and conspicuously at all locations where shopping carts are stored that provide notice to customers and others that removal of shopping carts from the premises is prohibited and a violation of law. E. Specific physical measures shall be implemented to prevent cart removal from the business premises. These measures may include, but are not limited to, disabling devices on all shopping carts, posts, fences or other physical measures, posting of a security guard to deter and stop customers who attempt to remove shopping carts from the business premises, security deposits required for use of all shopping carts, or the rental or sale of utility carts that can be temporarily or permanently used for the transport of purchases. Section 3- 5. Removal by Supervisor of Public Works. A. The Supervisor of Public Works or their designee, shall have the authority to remove or cause to be removed any shopping cart found on any private property, without the consent of the owner of the private property and on public property they determine is abandoned, and to hold and store said cart in their possession until redeemed or otherwise disposed of in accordance with this Chapter. B. The Supervisor of Public Works or their designee shall immediately remove, take possession of and impound for a period of up to fifteen ( 15) days any shopping cart that does not comply with the identification requirements of §3-4( a). Any shopping cart that remains unrecovered after this period shall be destroyed or otherwise disposed of by the City. Section 3- 6. Notification by City. A. The City will notify the owner of an identified shopping cart using the contact information provided by the owner of any shopping cart found off premises. The owner of the shopping cart will have twenty-four (24) hours after this notification to recover their cart without penalty. B. Any shopping cart that remains unrecovered after this period shall be impounded by the City and held for fifteen (15) days. Section 3- 7. Redemption of shopping carts. Within the fifteen ( 15) day impoundment period, the Supervisor or their designee shall mail a notice, by first class mail, to the owner of the shopping cart, stating that each held shopping cart may be redeemed by the owner upon payment to the City Chamberlain' s Office of the sum of $50.00 per shopping cart and shall set forth the times and places where such carts may be redeemed. Payment for redemption shall be made to the City Chamberlain' s Office and a receipt shall be given therefor, which receipt shall entitle the owner to redeem said cart or carts at the place where they are held. The City Chamberlain' s Office shall have the authority to require identification to demonstrate any person' s proof of ownership or right to possession. Any delivery to a person deemed entitled thereto by the City, from the proof submitted, shall be an absolute defense of the City against any other person claiming to be entitled thereto. Section 3- 8. Disposition of unredeemed carts. Any shopping carts which remain unredeemed by their owners within the fifteen ( 15) day impoundment period may be sold by the City at public auction or may be disposed of at the discretion of the Supervisor of Public Works. Any cart may be redeemed after the fifteen ( 15) day impoundment by the owner at any time prior to such public auction upon payment of the sum of $ 100. 00 per shopping cart and the payment of the cost of advertising the sale. Section 3- 9. Penalties for offenses. Any person or owner violating any of the provisions of this Chapter shall be punishable by a fine not to exceed $ 100. 00. The fine is to be paid in addition to any fees for redemption of an impounded shopping cart or cost of sale chargeable to the owner of an impounded shopping cart. Each shopping cart that does not have the required marking shall be deemed a separate and distinct violation. Each day that a shopping cart does not have the required marking shall be deemed a separate and distinct violation. Each abandoned shopping cart shall be deemed a separate and distinct violation. Each day that a shopping cart is abandoned, shall be deemed a separate and distinct violation." SECTION 3. SEVERABILITY. If the provisions of any article, section, subsection, paragraph, subdivision or clause of this Local Law shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this Local Law. SECTION 4. EFFECTIVE DATE. This Local Law shall be effective upon filing with the office of the Secretary of State. Sandra LaPera City Clerk Adopted 5. 18. 21.
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